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Beyond The Legalese

Microsoft Adds Transparency to the Patent Transfer Process

3/31/2013

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Determining who really owns a patent is not a simple process.  Looking at the "Assignee" field on the patent database is not helpful: that only tells you which entity owned the patent when it issued.  And although the Patent Office maintains a patent assignment database, it can be difficult to use and does not provide much more than the basic information about a transfer.  To find out more information (such as the underlying transfer documents), you have to hire a service to pull the records from the Assignment Branch at the Patent Office.  Finally, patents are often placed in holding companies or shells that provide no information on which entity actually owns the patent.

So it is with interest that I read Microsoft's recent announcement that it is posting a complete list of all patents it owns on its website.  Brad Smith, Microsoft's General Counsel explained: "We take this step today because we believe that all stakeholders of the U.S. patent system – private companies, the U.S. Patent and Trademark Office, Congress and the courts – share responsibility for taking steps to improve its operation. Sensible improvements to the patent system, such as increasing transparency on patent ownership, will yield tangible outcomes that enhance American competitiveness, create jobs and foster growth in nearly every sector of the U.S. economy."  It will be interesting to see if other companies follow suit.


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